Monday, 13 October 2014

In the event of a legal separation would a car just financed in my name be marital property that he would still have rights to?

Question

In the event of a legal separation would a car just financed in my name be marital property that he would still have rights to?



Answer

Possibly. The key is not whose name is on the title or the financing. The key factors are whether the car was purchased during the marriage, whether the funds used to purchase the car were separate funds (i.e. gift or inheritance) and whether there is any prenuptial or post-nuptial agreement that impacts the decision. Also, just because it is marital property doesn't automatically mean that he gets it or that he can make you sell it. Marital property divisions try to balance out the assets and the debts, so you could still end up keeping the car. The equity value and debt amount would be counted on your side of the division.



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